California Creditor-Debtor Resource

California Spendthrift Trusts

For additional detailed information relating to the use of trusts for asset protection, including foreign and domestic asset protection trusts, see trusts.

California Trust Act (Non Self-Settled)

PROBATE CODE SECTION 15000-15004

15000.

This division shall be known and may be cited as the Trust Law.

15001.

Except as otherwise provided by statute:

(a) This division applies to all trusts regardless of whether they were created before, on, or after July 1, 1987.

(b) This division applies to all proceedings concerning trusts commenced on or after July 1, 1987.

(c) This division applies to all proceedings concerning trusts commenced before July 1, 1987, unless in the opinion of the court application of a particular provision of this division would substantially interfere with the effective conduct of the proceedings or the rights of the parties and other interested persons, in which case the particular provision of this division does not apply and prior law applies.

15002.

Except to the extent that the common law rules governing trusts are modified by statute, the common law as to trusts is the law of this state.

15003.

(a) Nothing in this division affects the substantive law relating to constructive or resulting trusts.

(b) The repeal of Title 8 (commencing with Section 2215) of Part 4 of Division 3 of the Civil Code by Chapter 820 of the Statutes of 1986 was not intended to alter the rules applied by the courts to fiduciary and confidential relationships, except as to express trusts governed by this division.

(c) Nothing in this division or in Section 82 is intended to prevent the application of all or part of the principles or procedures of this division to an entity or relationship that is excluded from the definition of "trust" provided by Section 82 where these principles or procedures are applied pursuant to statutory or common law principles, by court order or rule, or by contract.

15004.

Unless otherwise provided by statute, this division applies to charitable trusts that are subject to the jurisdiction of the Attorney General to the extent that the application of the provision is not in conflict with the Uniform Supervision of Trustees for Charitable Purposes Act, Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code.

California Spendthrift Trust Cases

• Bank of the West v. Michael Lewschin,
  No. B174128 (Cal.App. Dist.2 09/10/2004)

• Soluri v. Rudkin,
  2004.CA.0007950 (Cal.App. Dist.2 09/09/2004)

• Libbie Mahan et al. v. Robert Rudnick et al.,
  No. F042773 (Cal.App. 07/13/2004)

• Ventura County Depart. of Child Support Services v. Jeffrey Brown, et al., 11 Cal. Rptr. 3d 489 (Cal.App. 04/28/2004)

• David Moore v. Katherine J. Massey et al.,
  No. C044483 (Cal.App.01/06/2004)

• Sonju v. Dawson,
  2001.CA.0003430 (Cal.App. Dist.4 12/19/2001)